ginsburg claims they violated a covenant of good faith under minnesota law. a court of appeals agreed with him. >> first, you are probably thinking, why is the highest court in the land taking up a fight over frequent flyer miles? seriously. as it turns out, it is bigger than it sounds. it is states rights versus federal jurisdiction, precedents set within jurisdictions and what companies can and cannot offer as rewards. >> i do believe airlines should have the ability to punish customers who abuse them. there are clear rules whose -- that state how you should behave with the frequent flyer program. one passenger took the mile simply because he had too many. i know many people with many more millions who are just fine. the airline is not just going out and deleting accounts. i do believe that he was abusive, probably. but the airline should not be able to hide behind the deregulation act and that consumers have no say whatsoever. >> which consumer is more profitable for the airline, the one who uses the point constantly or the one with the sapphire status? >>